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Skip Navigation LinksDepartment of Housing and Public Works > About us > Right to information > Make an RTI application

Make an RTI application

If the information is not available through our publication scheme or disclosure log you can submit a Right to Information application seeking access to documents held in this agency. The application must:

  • be in the approved form and accompanied by the application fee
  • give enough information about the document so the responsible officer of the agency or the Minister can identify the document
  • state an address to which notices may be sent.

If the documents contain your own personal information, you are required to provide a certified copy of evidence of your identity, e.g. a passport, driver’s licence or birth certificate. This can be forwarded to:

Department of Housing and Public Works
Manager, Right to Information and Privacy
Legal Services
GPO Box 2457
Brisbane Qld 4001

If you are an agent acting for the applicant you will need to provide the applicant’s authorisation, in writing, for the documents to be released to you along with evidence of your (the agent’s) identity.

Once your application is received under the Right to Information Act 2009 a summary of the information being requested will be published on the department’s disclosure log.

What is a certified copy?

A document is considered certified when it is a photocopy of an original document and witnessed by a lawyer or notary public, a commissioner for declarations or a justice of the peace as being a correct copy of the original document.

Are there any charges involved?

The The Right to Information Regulation 2009 (Qld) provides that an application fee must be paid at the time of lodging an access application. The application fee cannot be waived.

There are no further charges if your application is processed in less than 5 hours. However, if the processing time is likely to exceed 5 hours, you will receive a written estimate of the applicable charge.

Charges may be waived if an individual or non-profit organisation can establish the identified charges would cause a financial hardship (see below).

Further information relating to fees and charges under the Right to Information Act 2009 are available at www.rti.qld.gov.au.

When will the application be processed?

The department has 25 business days to make a decision once an application has been received. This can be extended in certain circumstances, i.e. if consultation with a third party is required, and you will be notified in writing of any changes to the due date.

Applications involving third parties

If the release of the documents may reasonably be expected to be of concern to a third party, the views of the third party are taken into account when making a decision on the application.

The documents will not be provided to you until the rights of review of the third party have expired or the review application is decided.

What happens when access is granted?

You will be notified in writing of the decision.

Once payment of all relevant charges has been received you will be provided with copies of the documents.

Should access be granted to other materials (such as audio tape and video recordings) and copies are not able to be sent to you, the decision maker will discuss with you how, when and where you can view the material.

If you are refused access to a document, the department must provide written reasons for the decision and explain your rights of review. Applications for review of a decision must be made within 20 business days after the date of the written notice of decision.

The released documents may be published online in the department’s disclosure log along with your name and, if another person, company or body will use or benefit from the documents sought, the name of that person, entity or body. Some information may be removed from the document before it is published – for example, personal information or information that may be defamatory.

Internal review

If you disagree with a decision, you can apply to the department for an internal review of the decision.

The reviewing officer will make a new decision as if the original decision had not been made.

External review

You can apply to the Office of the Information Commissioner for an external review of the department’s decision instead of, or after, applying for an internal review. Your external review application can be lodged at:

Office of the Information Commissioner
PO Box 10143
Adelaide Street
Brisbane Qld 4001

There are no fees or charges for reviews of decisions.

Financial hardship criteria

Individuals

Holders of a health care card or pensioner concession card under the Social Security Act 1991 (Cth) or a pensioner concession card issued by the department of the Commonwealth in which the Veteran’s Entitlements Act 1986 (Cth) is administered, are deemed to be in financial hardship. An applicant can request, in writing, that any processing and/or access charges be waived and the request must be accompanied by a certified copy of a health care card or pensioner concession card.

Non-profit organisations

The information commissioner may, on written application by a non-profit organisation, decide whether a non-profit organisation has financial hardship status by considering the nature and size of the organisation’s funding base and the amount of the organisation’s liquid assets.

Contact

For more information about the Right to Information process, please contact us at:

Department of Housing and Public Works
Right to Information and Privacy
Legal Services
GPO Box 2457
Brisbane Qld 4001

Phone: (07) 3008 3117
Email: righttoinformation@hpw.qld.gov.au



Last updated 06 July 2018    Creative Commons Attribution 4.0 International (CC BY 4.0)


 

 Contact

 


Right to Information and Privacy
Legal Services
GPO Box 2457
Brisbane Qld 4001

Phone: (07) 3008 3117
Email: righttoinformation@hpw.qld.gov.au

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